The case of missing six-year-old Joshlin Smith has gripped South Africa, and the upcoming sentencing of her mother, Kelly Smith, and two co-accused marks a crucial chapter in this disturbing saga. The trial, held at the White City Multipurpose Centre in Saldanha Bay, has concluded with Judge Nathan Erasmus finding Kelly Smith, Jacquen Appollis, and Steveno van Rhyn guilty of kidnapping and human trafficking.
This week, the court will determine the penalties they will face for their involvement in Joshlin's disappearance, which began on 19 February 2024.
The state alleges that Kelly Smith masterminded a plot to sell her daughter for 20,000 Rand. Disturbing claims have emerged suggesting Joshlin was sold to a traditional healer. As the sentencing proceedings get underway at the Western Cape High Court, the gravity of the situation is palpable. Criminal defense attorney William Booth has noted that the lack of remorse shown by the convicted trio could negatively influence their sentencing. The fact that Joshlin has not been found, whether alive or deceased, is considered an aggravating factor. The State is expected to argue for the maximum sentence to be imposed.
While a life imprisonment sentence is a possibility for human trafficking, the court can consider mitigating circumstances that might justify a lesser sentence. All parties involved have indicated their readiness for the sentencing proceedings to proceed, with the exception of Appollis, who requested time to consult with a social worker. Judge Erasmus has emphasized the urgency of obtaining expert reports to avoid further delays. Senior State Advocate Zelda Swanepoel has indicated that a witness will appear virtually during the proceedings.
Save the Children has publicly called for Kelly Smith to receive the maximum sentence, questioning why she has not revealed Joshlin's whereabouts. The organization's program director, Megan Breide, has stated that there are compelling reasons for a life sentence, considering Joshlin's age and Kelly Smith's intentions. Breide has criticized Kelly Smith for her silence regarding Joshlin's location.
During the trial, Lourentia Lombaard testified that Kelly Smith sold her daughter to a sangoma for 20,000 Rand and shared the money with her co-accused. Lombaard also claimed that the group had planned to sell Joshlin in 2023. The court also heard testimonies from Kelly Smith's sister and a former employee. Kelly Smith, Van Rhyn, and Appollis chose not to testify in their defense.
Judge Erasmus's decision to find the accused guilty was based on the corroboration of details in the testimonies of State witnesses and the confession statements of Appollis and Van Rhyn. He also noted that Kelly Smith's decision not to testify and her behavior after Joshlin's disappearance contributed to his verdict. Judge Erasmus has warned the convicted individuals that they face lengthy jail sentences. He also indicated that new evidence might emerge during the sentencing proceedings.
The proceedings are scheduled to take place over three days. The judge was visibly irritated when Smith, Van Rhyn, and Appollis arrived late to court on 23 May 2025, for a hearing to determine how sentencing would proceed. Judge Erasmus has stated he would investigate the cause of the delay at the prison where the convicted individuals were held. The world now waits to see what sentence will be handed down, and whether Joshlin will ever be found.
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